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Will Contest Prevention

Will Contest Prevention. Reasons to Anticipate Will Contest. 1. Exclusion of natural objects of bounty. Reasons to Anticipate Will Contest. 1. Exclusion of natural objects of bounty 2. Unequal treatment of children. Reasons to Anticipate Will Contest.

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Will Contest Prevention

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  1. Will Contest Prevention

  2. Reasons to Anticipate Will Contest • 1. Exclusion of natural objects of bounty

  3. Reasons to Anticipate Will Contest • 1. Exclusion of natural objects of bounty • 2. Unequal treatment of children

  4. Reasons to Anticipate Will Contest • 1. Exclusion of natural objects of bounty • 2. Unequal treatment of children • 3. Sudden or significant change in disposition plan

  5. Reasons to Anticipate Will Contest • 1. Exclusion of natural objects of bounty • 2. Unequal treatment of children • 3. Sudden or significant change in disposition plan • 4. Excessive restrictions on gifts to beneficiaries who are also heirs

  6. Reasons to Anticipate Will Contest • 1. Exclusion of natural objects of bounty • 2. Unequal treatment of children • 3. Sudden or significant change in disposition plan • 4. Excessive restrictions on gifts to beneficiaries who are also heirs • 5. Elderly or disabled testator

  7. Reasons to Anticipate Will Contest • 1. Exclusion of natural objects of bounty • 2. Unequal treatment of children • 3. Sudden or significant change in disposition plan • 4. Excessive restrictions on gifts to beneficiaries who are also heirs • 5. Elderly or disabled testator • 6. Testator who behaves strangely

  8. Techniques – The “Tool Box” • 1. Include in terrorem (no contest) (forfeiture) provision • Beneficiary who contests and loses forfeits testamentary gift.

  9. Techniques – The “Tool Box” • 1. Include in terrorem (no contest) (forfeiture) provision • If death after 6/19/09, good faith/probable cause contests will not trigger forfeiture. § 64.

  10. Techniques – The “Tool Box” • 1. Include in terrorem (no contest) (forfeiture) provision • Strictly construed.

  11. Techniques – The “Tool Box” • 1. Include in terrorem (no contest) (forfeiture) provision • Drafting guidelines: • Create substantial risk

  12. Techniques – The “Tool Box” • 1. Include in terrorem (no contest) (forfeiture) provision • Drafting guidelines: • Create substantial risk • Describe triggering conduct

  13. Techniques – The “Tool Box” • 1. Include in terrorem (no contest) (forfeiture) provision • Drafting guidelines: • Create substantial risk • Describe triggering conduct • Indicate beneficiary of forfeited property

  14. Techniques – The “Tool Box” • 2. Do not explain reasons for property disposition.

  15. Techniques – The “Tool Box” • 3. Avoid bitter or hateful language.

  16. Techniques – The “Tool Box” • 4. Use holographic “back up” will.

  17. Techniques – The “Tool Box” • 5. Enhance will execution ceremony.

  18. Techniques – The “Tool Box” • 6. Video-record will execution ceremony.

  19. Techniques – The “Tool Box” • 7. Select witnesses thoughtfully.

  20. Techniques – The “Tool Box” • 8. Obtain affidavits of individuals familiar with testator.

  21. Techniques – The “Tool Box” • 9. Document transactions with testator verifying intent.

  22. Techniques – The “Tool Box” • 10. Obtain other evidence to document testator’s actions.

  23. Techniques – The “Tool Box” • 11. Preserve prior will if better than intestacy.

  24. Techniques – The “Tool Box” • 12. Reexecute same will on regular basis.

  25. Techniques – The “Tool Box” • 13. Consider a more “traditional” disposition.

  26. Techniques – The “Tool Box” • 14. “Trick” disinherited potential heir with inter vivos gift.

  27. Techniques – The “Tool Box” • 15. Use non-probate techniques.

  28. Techniques – The “Tool Box” • 16. Convince disinherited potential heir to agree not to contest (contract).

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